2012 Initiative PetitionsApproved for Circulation in Missouri

Be it resolved by the people of the state of Missouri that the Constitution be amended:

Article X is amended by repealing Section 1 and ten new sections are adopted to be known as Article X, Sections 1(a) through 1(j).

Section 1(a). The taxing power may be exercised by the general assembly for state purposes, and by counties and other political subdivisions under power granted to them by the general assembly for county, municipal and other corporate purposes, except the general assembly shall not have the power to enact any law:

(1) imposing a tax on or measured by the income or earnings of an individual for tax years beginning on or after January 1, 2016; or

(2) authorizing any county or other political subdivision to enact, levy or impose a tax on or measured by the income or earnings of an individual, except any tax on or measured by the income or earnings of an individual that was lawfully enacted and imposed by a city prior to January 1, 2013, and continues to be lawfully renewed by voters of such city; or

(3) imposing a tax for state purposes on sales or services other than as authorized in section 1(a) through 1(j) of Article X or exempted from repeal in Section 1(d) of Article X.

Section 1(b). For tax years beginning on or after January 1, 2014, the following laws are repealed:

(1) Any law enacted by the general assembly that imposes a tax for state purposes that is on or measured by the income or earnings of an individual, except as provided in Section 1(c) of Article X; and

(2) Any law enacted by the general assembly that authorizes any county or other political subdivision to impose a tax for county, municipal and other corporate purposes that is on or measured by the income or earnings of an individual, except any law imposing a tax on or measured by the income or earnings of an individual that was lawfully enacted and imposed by a city prior to January 1, 2013 and continues to be lawfully renewed by voters of such city.

Section 1(c).(1) For tax years beginning on or after January 1, 2014, any law enacted by the general assembly that imposes a tax for state purposes that is on or measured by the income or earnings of an individual shall not be more than three percent.

(2) For tax years beginning on or after January 1, 2016, any law enacted by the general assembly that imposes a tax for state purposes that is on or measured by the income or earnings of an individual shall be repealed.

(3) The general assembly shall enact a law with an effective date no later than January 1, 2016 to provide a mechanism for the continuation of any property tax relief available for senior citizens and disabled individuals in the tax year beginning January 1, 2012, and which was, for that tax year, provided in the form of an income tax credit.

Section 1(d). For tax years beginning on or after January 1, 2014, all laws enacted by the general assembly for state purposes prior to the effective date of this section imposing sales and use taxes and exemptions thereto are repealed, except taxes on alcohol, aviation fuel, insurance products, tobacco, any taxes imposed by Article IV, Sections 43(a) and 47(a), or any taxes provided for by Article IV, Section 30(a), and exemptions thereto.

Section 1(e).(1) The general assembly shall enact a law, effective January 1, 2014, imposing and levying a tax on all sales and services, except those sales and services exempted pursuant to Section 1(f) of this article, at a rate that shall not exceed five percent prior to January 1, 2016, except for the rate of tax imposed on food which shall not exceed four percent prior to January 1, 2016. On and after January 1, 2016 the sum of the rate of such tax on sales and services other than food plus the rates of the taxes calculated in Section 1(h) of Article X shall not exceed seven percent, and the rate of tax on the sale of food plus the rates of the taxes calculated in Section 1(h) of Article X shall not exceed five and one-half percent.

(2) All revenues collected from the tax imposed pursuant to this section shall be deposited into the general revenue fund of the State of Missouri and be subject to appropriation by the general assembly, unless otherwise restricted or appropriated by this constitution, except a portion of the revenues collected from the tax imposed under this section shall be deposited into the School District Trust Fund or any successor fund, to be distributed to the school districts of the state as provided by law, so that such fund receives no less than the amount of revenue as such fund received on average annually in fiscal years 2008-2012.

(3) In the event of an emergency, the general assembly may increase taxes, licenses or fees as prescribed in Article X, Section 18(e)3.

Section 1(f). The following shall not be subject to any tax imposed pursuant to Section 1(e) of Article X:

(1) Those sales and services subject to taxes which are specifically exempted from the repeal in Section 1(d);

(2) Sales of personal property for which the tax authorized under Article X, Section 1(e) or a sales or use tax repealed by Article X, Section 1(d) has been collected due to a prior taxable transaction or sales for resale;

(3) Professional services;

(4) Sales, leases, or rents of real property including all fees, charges or commissions resulting directly or indirectly from the sale, lease or rent of the real property;

(6) Sales of pharmaceuticals or medical services by a licensed health care professional for the direct benefit of any individual’s health care, where such sales or services are not subject to being recouped from another source;

(8) Tuition and fees of any early childhood, prekindergarten, kindergarten, elementary, secondary, vocational or technical school, or an accredited institution of higher education for educational services;

(9) Services rendered by an employee for his employer;

(10) Services between entities that in the given year consolidate earnings;

(11) Sales or services directly used for agricultural trade or agricultural business purposes;

(12) Sales of materials, fuel, manufactured goods, machinery, equipment, parts, or replacement parts used or consumed in manufacturing, processing, compounding, mining, producing, fabricating, researching, or developing a product or producing a service, or controlling pollution, or that become a component part or ingredient of a product or service;

(14) Sales of stocks, bonds, financial instruments, and other similar intangible personal property;

(15) Sales of bullion or coins, artistic works, precious stones or other tangible personal property held exclusively for investment purposes;

(16) Sales of insurance products and insurance services;

(17) Sales of railroad rolling stock for use in transporting persons or property in interstate commerce and motor vehicles licensed for a gross weight of twenty-four thousand pounds or more or trailers used by common carriers, in the transportation of persons or property;

(18) Sales of barges which are to be used primarily in the transportation of property or cargo on interstate waterways;

(19) The purchase or storage of tangible personal property by any common carrier engaged in the interstate air transportation of persons and cargo;

(21) Sales or services to or for the benefit of the United States of America, any state, county, other political subdivision, foreign government, or a charitable organization exempt from taxation under federal law, and the sale or service is in furtherance of the purpose of the state, county or other political subdivision, or a charitable organization;

(22) Sales made through the use of federal food stamp coupons or any successor program;

(23) Sales for which federal government coupons or vouchers under the supplemental feeding for women, infants and children program, or any successor program, are used as payment;

(24) Sales exempted from state taxation under any other federal program that requires a state that chooses to participate in such a program to be exempt from tax;

(25) Non-proprietary sales made by or non-proprietary services performed by the state, a county or other political subdivision;

(26) Sales which the state of Missouri is prohibited from taxing pursuant to this constitution or the Constitution or laws of the United States of America; and

(27) Any other sale or service exempted by a two-thirds vote of the members elected to each house of the general assembly, proceeded upon in the same manner as in the case of a bill and presented to the governor.

Section 1(g).(1) “Cumulative sales tax rate” as used in Section 1(i) of Article X shall mean the rate of the state sales tax, levied and imposed under Section 1(e), plus the rate of the taxes imposed by Article IV, Sections 43(a) and 47(a), as calculated in Section 1(h), plus the rate of sales and use taxes, as calculated in Section 1(i) of Article X, or newly imposed sales and use taxes, imposed by counties, other political subdivisions, and other taxing jurisdictions, but excluding any taxes imposed by transportation development districts or community improvement districts.

(3) “Sales” as used in Sections 1(a) through 1(j) of Article X shall mean any transfer, rental, lease, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible property, not purchased for resale or leasing, for consideration. “Sales” shall also include the privilege of storing, using or consuming within this state any article of tangible property on or after January 1, 2014.

(4) “Services” as used in Sections 1(a) through 1(j) of Article X shall mean all activities for the benefit, use or consumption, regardless if paid by a fee, retainer, commission, or other consideration, when such activities involve predominantly the performance of a service as distinguished from the sale of property, except that the payment of interest on financial transactions shall not be deemed a service.

Section 1(h). Notwithstanding the provisions of Sections 43(a) and 47(a) of Article IV of this constitution, effective January 1, 2014, the tax levied and imposed under those sections shall be imposed on the same tax base as the tax authorized under Section 1(e) of Article X. The rates of tax levied and imposed under Sections 43(a) and 47(a) of Article IV of this constitution shall be recalculated, no later than May 1, 2013, and adjusted to produce an amount of revenue for the 2015 fiscal year substantially equal to the amount received on average annually in fiscal years 2008-2012, however, on and after January 1, 2016 the sum of such rates plus the rate of the tax authorized in Section 1(e) of this article shall not exceed seven percent. The general assembly shall provide for the procedure by which such tax rates shall be recalculated and the rate of tax may be readjusted in the same manner one time after January 1, 2014 and before January 1, 2016 to provide an amount of revenue for each fiscal year substantially equal to the amount received on average annually in fiscal years 2008-2012.

Section 1(i).(1) Effective January 1, 2014, all provisions of laws, ordinances or resolutions exempting sales and services other than the sales and services exempted pursuant to Sections 1(a) through 1(j) and 25 of Article X from taxation by counties, other political subdivisions, or other taxing jurisdictions, as well as all provisions establishing the rate of the tax on such sales and services, except those exemptions or exclusions expressly approved by local voters and in effect as of January 1, 2013, shall be void.

(2) A new rate shall be imposed by the counties, other political subdivisions and other taxing jurisdictions on sales and services necessary to produce an amount of revenue substantially equal to the amount that was produced by the prior rate of the tax on average in the five years prior to January 1, 2014.

(3) The department of revenue shall calculate the new rate pursuant to a process the general assembly shall establish by law, and shall provide the new rate to the counties, other political subdivisions and other taxing jurisdictions no later than September 1, 2013. The general assembly shall include a process for allowing taxpayers, counties, other political subdivisions, and other taxing jurisdictions, to appeal the recalculation in this section, provided that such appeal be filed by January 1, 2016. The department of revenue may recalculate the new rate pursuant to the process established by the general assembly one time after January 1, 2014 but before January 1, 2016.

(4) On or after January 1, 2016, the cumulative sales tax rate shall only exceed ten percent (10%), when either (i) the cumulative sales tax rate exceeds ten percent (10%), when the new rate established pursuant to Section 1(i)(3) of Article X is effective, and such rate shall be reduced to the extent that the county, other political subdivision, or other taxing jurisdiction is no longer authorized by law to impose, in whole or part, any sales tax which was a component of the cumulative sales tax rate at the time the new rate was established pursuant to Section 1(i)(3) of Article X; or (ii) the qualified electors in the taxing jurisdiction proposing a tax on sales and services, which tax will cause the cumulative sales tax rate to exceed ten percent (10%) in any part of the taxing jurisdiction, approve the new tax in the same requisite percentages as approval of local government debt in Article VI, Section 26(b) of this constitution.

Section 1(j).(1) The burden of proof for establishing tax liability for any taxes imposed pursuant to Section 1(e) of Article X shall be borne by the state in all legal proceedings.

(2) Taxpayers shall have the same rights to enforce the provisions of this amendment as in Article X, Section 23 of this constitution.

[Section 1. The taxing power may be exercised by the general assembly for state purposes, and by counties and other political subdivisions under power granted to them by the general assembly for county, municipal and other corporate purposes.]